Terms of use - CookZest

Welcome to CookZest.com!

Project 786 LLC dba Cook Zest. and its affiliates (“Cook Zest”) provide website features and other products and services to you when you visit or shop, use Cook Zest products or services, use Cook Zest applications for mobile, Use Cook Zest ecommerce & social media pages, Zabardast, Wah! Gourmet, or use software provided by Cook Zest in connection with any of the foregoing (collectively, “Site “). Please review the following basic rules (“Terms and Conditions”) that govern the use of the Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of this site and thereby bypass these Terms and Conditions, your use of this site still binds you to the terms.

We offer a wide range of Cook Zest Services and sometimes additional terms may apply. When you use a Cook Zest Service (for example, Culinary Equipment and Supplies, Zabardast, Wah! Gourmet) you also will be subject to the guidelines, terms, and agreements applicable to that Cook Zest Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. Cook Zest reserves the right to revoke any or all access and use authorizations granted to you in regards to the Site unless Cook Zest has agreed otherwise in writing.

Cook Zest Account

By completing the Cook Zest registration process, you represent that you, and others who access the account(“User” or “Users”), are at least 18 years old. Upon acceptance of your account registration, Cook Zest will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by Cook Zest and the password provided to you or that you select for your account. Cook Zest reserves the right to add additional security measures related to passwords. You are responsible for activities that occur on your account, including applicable taxes, either by you or anyone you allow to use your account. You agree to notify Cook Zest immediately of any unauthorized use of your account or any other breach of security of which you become aware. You agree that the use of your Cook Zest user ID and password shall be considered the equivalent of your written signature. All telephone, Internet access and other charges incurred connecting to the Site are your responsibility. Your user ID and password are confidential, and may only be used by authorized users, which may not include employees of Cook Zest.
Your account may be terminated if you or anyone else uses it in violation of this Agreement or any Cook Zest usage policies that may be posted on the Site, which policies are hereby made part of this Agreement. Cook Zest may deactivate accounts that are inactive and reject any application for a Cook Zest account for any reason.

Using our Services

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may not use the Site in any manner that could disable, overburden, or impair any Cook Zest server, or interfere with any other person’s use and enjoyment of the Site, other computer systems or networks connected to any Cook Zest server or to the Site, through hacking, password mining or any other means. You agree that you will not use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You may use our Services only as permitted by law, including local, state, federal or international laws or regulations.
We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Access to the Site may be denied or limited by Cook Zest, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at Cook Zest’s discretion, and Cook Zest shall have no liability for such occurrences.

Purchases

You agree that any order to purchase products and/or services from Cook Zest placed using the Site constitutes a binding offer to purchase which Cook Zest may accept or reject. Cook Zest will provide you with an electronic notice confirming receipt of your order. Cook Zest acceptance of an order will be indicated by the order invoice. Cook Zest reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.

Products and Pricing

Prices and availability are subject to change without notice.

While Cook Zest strives to provide accurate product and pricing information, pricing, pictorial or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Cook Zest shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation. Without limitation to said terms above, Cook Zest does not represent that each item on this website is accurate in regards to pricing and product information and disclaims any liability as to such accuracy.

Unless otherwise noted, prices for items ordered on the Site do not include shipping costs or applicable taxes.

Cook Zest reserves the right to limit quantities to normal retail purchases or one-per-User or household, and to exclude resellers.

We strive to provide you with the lowest costs possible on the Site as well as in our warehouses. In our effort to provide you with the lowest costs in your particular geographic region, warehouse prices will sometimes differ from online prices.

Variations

We have made every effort to display as accurately as possible the variations, packaging and or colors of the products that appear at the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color to you will be accurate.
The packaging and variations are often updated or changed by the manufacturers and may differ in look and feel.

Starting a Subscription

Subscription Orders are limited to items displayed on CookZest.com that have a “Subscribe” link, which you may use to start a Subscription Order. Participation in the Subscription Orders Service may not be assigned or transferred.

Processing Subscription Orders

If any problems arise with your Subscription Order, or with the shipping address or payment method associated with your order, and Cook Zest is unable to resolve the problem, we may notify you via e-mail using the address associated with your Account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your Subscription Order that Cook Zest cannot resolve, your order may be cancelled and any future Subscription Orders may not be processed by Cook Zest until the problem has been resolved.

Accepted Payment Methods

Payment for Subscription Orders may be made in any form authorized under the Terms and Conditions, except that no checks, gift cards, or debit cards are accepted for Subscription Orders.

Subscription Order Billing

The total cost for each item charged to your designated payment method for each recurring Subscription Order will be the cost of the item on the day that the recurring order is filled rather than the day the original subscription order was placed, plus any applicable sales tax.

The charge for each Subscription Order shipment will be billed to the payment method used to create your Subscription Order account. If we are unable to complete your Subscription Order with the payment method you used to create your Subscription Order, your order will be cancelled unless or until you update your payment method information. Please remember to update your payment method information as necessary to avoid delays or cancellations. Your Subscription Order will remain in effect until it is cancelled by you or Cook Zest, or if the order cannot be fulfilled.

Low Inventory or Item Out of Stock

If Cook Zest no longer has the item you ordered in stock, you will be notified via the email associated with your Account. If Cook Zest does not have a sufficient number of the item to satisfy your order, it reserves the right to make a partial shipment based on the amounts available.

Changing, Canceling, or Skipping Subscription Orders

If you choose to enroll in a Subscription Order, you will continue to receive your order until you cancel your Subscription Order. After you have created a Subscription Order, you can change, cancel, or skip your Subscription Order in My Subscription page. From there you can modify your shipping address, change the delivery frequency, update your payment method, or pause or resume an order.

You will receive a Subscription Order reminder email prior to your order being shipped. The email will contain information on how to change or cancel your Subscription Order, or you can make the changes via your Order History page. Any changes made by you to your Subscription Order will take effect with your next scheduled delivery, but these changes made by you to your Subscription Order must be made prior to 5 p.m. EST on the Sunday prior to the date your next order will be placed to be effective for your next order.

Shipping and Delivery

Shipping and Delivery prices and timelines may vary on shipping location and is subject to the Shipping and Delivery prices and timelines in effect at the time of shipment for each Subscription Order.

Termination and Interruptions

Cook Zest reserves the right to amend, cancel or temporarily suspend the Subscription Order Service, in whole or in part, or change any of these Subscription Order Service Terms and Conditions at any time for any or no reason. If this occurs, you will only be charged for orders that have been shipped to you.

Cook Zest will not be liable for any interruptions to the Subscription Order Service. We aim to have your goods ordered, shipped, and delivered per your Subscription Order schedule, but we do not guarantee that Subscription Orders will be processed and delivered on or by any date.

Payment for Orders

Payment in full on all purchases made via the Site must be done with the use of credit card. Any amounts due which remain unpaid shall incur a late charge of 1.5% or the highest amount allowed by law.
Should collection activities be undertaken by Cook Zest to collect amounts owed by you on a delinquent account, you will be responsible for all fees and costs associated with such collection activities, including reasonable attorney fees, court costs, and as liquidated damages, the amount charged by a collection agency for its collection services in an amount not to exceed fifty percent (50%) of the delinquent account
balance.

User Comments and User Ideas

User Comments

Cook Zest does not claim ownership of any comments or reviews submitted or offered by you on or through this Site (“Comment(s)”). By making any Comment, you agree that such Comment is non- confidential, non-proprietary, and may be disseminated or used by Cook Zest. If you make a Comment, you automatically grant-or warrant that the owner of such content has expressly granted-Cook Zest a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Comments in any media or medium, or any form, format, or forum now known or hereafter developed. For this reason, we ask that you not send us any Comment that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Notwithstanding the foregoing, Cook Zest is not required to use or take any action with respect to any Comment.

You agree that you will not make any Comment that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Comment that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Comment unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or engage in “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Cook Zest, exposes Cook Zest or any of its licensors, partners, or customers to any liability or detriment of any type.

You are solely responsible for any Comments you make, the consequences of making a Comment, and your reliance on any Comments. Cook Zest is not responsible for the consequences of any Comment. Cook Zest is not responsible for screening or monitoring Comments.

Cook Zest reserves the right (but is not obligated) to: (a) record any Comment you make on the Site; (b) investigate an allegation that a Comment does not comply with these Terms and Conditions; (c) determine in its sole discretion to remove or request the removal of Comments which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms and Conditions; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms and Conditions or the law; and (e) monitor, edit, or disclose any Comment, regardless of whether such Submission violates these Terms and Conditions. Cook Zest will have no liability or responsibility to users for performance or nonperformance of such activities.

User Ideas

Any ideas, know-how, or concepts that are submitted or offered through the Site shall be and remain the exclusive property of Cook Zest and shall be treated as non-confidential information. Cook Zest will be entitled to use and disclose any ideas, know-how, or concepts you submit for any purpose whatsoever, without restriction and without compensating you or any other party in any way.

Termination and Cancellation

This Agreement will continue to be effective until you or Cook Zest terminates it. All obligations hereunder which apply subsequent to a termination of the Agreement shall survive such termination. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. Cook Zest may terminate this Agreement immediately and without notice if Cook Zest decides that you have failed to comply with any term or condition of this Agreement or if Cook Zest decides to modify the terms and conditions governing future use of the Site.

Ownership, Trademark, and Copyright

The trademarks, logos and service marks used and displayed on this Site, are registered and unregistered trademarks of, and owned by, Cook Zest. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, software and written and other materials that are part of this Site (collectively, the “Contents”) may be subject to copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by CookZest.com, one of its affiliates or by third parties who have licensed their materials to CookZest.com and may be protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Cook Zest and is also protected by U.S. and international copyright laws. If you believe that your work has been copied and is accessible on the Cook Zest Site in a way that constitutes copyright infringement please follow the procedure outlined below in DMCA Notice.

The content on this Site may be used only as a shopping resource. You may download or copy the Contents and other materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related materials.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY COOK ZEST ON AN "AS IS" BASIS. COOK ZEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COOK ZEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

LIMITATION OF LIABILITY

BY USING THIS SITE, YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL COOK ZEST OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

YOU REPRESENT THAT YOU HAVE THE REQUIRED LEGAL CAPACITY AND THAT YOU ARE OF THE REQUIRED LEGAL AGE TO ENTER INTO THESE TERMS AND THAT NO ONE ELSE HAS ANY INTEREST IN YOUR ACCOUNT WITH COOK ZEST. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS AND CONDITIONS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COOK ZEST UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). LIMITATIONS OF LIABILITY WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR ACCOUNT.

Indemnification, Arbitration, and Governing law

By accessing and using the Site, you agree to indemnify, defend and hold Cook Zest from any and all liabilities, claims, losses-including attorney fees- due to use of the Site or your violation of the Terms or any local, state, federal or international laws or regulations. Cook Zest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration administered by the American Arbitration Association (AAA) under their rules and procedures. The arbitration shall be held telephonically or at a location determined by the AAA. The number of arbitrators shall be one. Your claim shall be arbitrated on an individual basis. If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
Except for the failure to make payments when due, neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues. Any failure by Cook Zest to enforce any of its rights under the Terms or under applicable law shall not constitute a waiver of such rights.

Dispute Resolution

Use of the Site will be governed by the laws of the State of Texas. These Terms and Conditions shall be interpreted, construed, enforced and governed in all aspects in accordance with the exclusive jurisdiction and laws of Arkansas. Any suit, cause of action, or legal proceeding arising under or relating to the use of the Site, including these Terms and Conditions, shall be in the exclusive jurisdiction and venue of the state courts of Texas, situated in Harris County, Texas or the federal courts situated in the State of Texas.

DMCA Notice

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement please follow this procedure.

It is the policy of Cook Zest to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Cook Zest’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Cook Zest’s Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Cook Zest’s Designated Agent that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cook Zest to locate the material;

Information reasonably sufficient to permit Cook Zest to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cook Zest’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Cook Zest
15500 Voss Rd, Suite 547
Sugar Land, TX 77498
By e-mail: contact@cookzest.com

Upon receipt of a valid notification of alleged copyright infringement by a third party, Cook Zest shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer or by Cook Zest, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Cook Zest Designated Agent that includes the following:

A physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If Cook Zest receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Cook Zest has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Cook Zest’s system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Cook Zest, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

Miscellaneous Provisions

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective as to that provision only and only if made in writing and signed by Cook Zest.

Resale Permit or Transaction of Privilege Tax License (Tax-Exempt)

Users who own or operate a business must declare any merchandise that is being purchased for resale or that is otherwise tax-exempt.

A tax-exempt organization may purchase tax-free. All items purchased must be used exclusively by the tax-exempt organization for tax-exempt purposes only.

To obtain tax-exempt purchasing privileges, Users must present a valid state tax-exempt number or Sales and Use tax license (or photo copy) with a Account application and renew it once every three years at Cook Zest.

If the User buys any property for resale and uses that property for any purpose other than retention, demonstration or display while holding it for sale, the law requires the User to report and pay tax, measured by the purchase price or other authorized amount.

Users will hold Cook Zest harmless from and will indemnify Cook Zest against any claim, loss or expense occurring from any failure to comply with resale permits or tax-exempt requirements, and the Account will be subject to immediate forfeiture.